In July 2009, the High Court of Delhi delivered a landmark judgment in Naz Foundation v. Government of NCT, Delhi & Others. The High Court invalidated Section 377 of the Indian Penal Code to the extent that it criminalized private consensual sexual acts of adults. It held that the provision, as previously understood, is violative of the fundamental rights under Articles 14, 15 and 21 of the Constitution of India. However, the Supreme Court in December 2013 set aside this judgment,and last week dismissed a petition seeking review of that judgment.

In light of these developments, the discussion will focus on the mode of decision making adopted by the Supreme Court in important constitutional law cases. What is of particular significance is the reasoning given by the Court in its opinion. The panelists have all been deeply involved in the Naz Foundation litigation, and will be able to provide unique perspectives on this theme.

Speaker biographies:

Ashok Desai, Senior Advocate and former Attorney General for India. He has argued several landmark constitutional law cases in his professional career spanning over six decades. He was awarded the Padma Bhushanby the Government of India in 2001.

Shyam Divan, Senior Advocate, is a distinguished counsel with many years of practice before the High Court of Bombay and the Supreme Court. He has been involved in many important constitutional law cases and his written extensively on environmental law in India.

Menaka Guruswamy practices law at the Supreme Court of India. She has been involved in a number of key constitutional law cases including on administrative reform and encounter killings. She has written extensively on constitutional law and the Supreme Court. She has taught at Columbia Law School and New York University School of Law.

Arvind Narrain is a human rights activist and lawyer with the Alternative Law Forum, Bangalore, of which he is a founder member. He is the author of Queer: Despised Sexuality, Law and Social Change (2004) and co-editor of Because I have a Voice: Queer Politics in India (2005).

Please book a place as we have limited seating in the Conference Room.

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